EEOC Office of Legal Counsel staff members wrote the following informal discussion letter in response to an inquiry from a member of the public. This letter is intended to provide an informal discussion of the noted issue and does not constitute an official opinion of the Commission.

Employment Overseas

December 3, 2003

Dear :

This is in response to your letter of November 11, 2003, regarding overseas coverage of applicants under the federal employment discrimination laws.

As discussed in our previous letter of November 4, 2003, Title VII of the Civil Rights Act of 1964, the Age Discrimination in Employment Act of 1967 (ADEA), and Title I of the Americans with Disabilities Act of 1990 (ADA) cover U.S. citizens who are employed abroad by American employers or by American-controlled foreign employers. These statutes also cover discrimination abroad against U.S. citizens applying for employment with American employers or for employment with American-controlled
foreign employers. Coverage extends to recruitment, the application process, and hiring. Title VII, the ADEA, and the ADA do not cover any individuals overseas who are not U.S. citizens.

We hope this information has been helpful. Please note that this letter does not constitute an opinion or interpretation of the EEOC within the meaning of section 713(b) of Title VII of the Civil Rights Act of 1964, 42 U.S.C. § 2000e-12(b), or §10 of the Portal-to-Portal Act of 1947, incorporated in § 7(e) of the ADEA. If you have any questions, please call Ernest Haffner at (202)663-4644.